Sundaram v. The State Rep By

K.GOVINDARAJAN THILAKAVADI, J., The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections.379 & 430 of IPC r/w.21(5) of Mines and Minerals (Development & Regulations) Act, 1957 in Crime No.88 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 17.04.2023, while the respondent Police was on regular patrol duty, the driver of the Petitioner was found illegally transporting 50 kg of river sand in his Honda Zine two wheeler bearing Reg. No.TN 25 AR 4417, without any valid permit or license from the Government. Hence the complaint.

3. The learned counsel for the Petitioner would submit that the Petitioner is innocent person and a false case has been foisted against him. He further submitted that there is no previous case pending against him. However, without prejudice to his rights and contentions, the Petitioner is prepared to deposit a substantial amount towards any Welfare Scheme run by the Government as may be directed by this Court. Therefore, he prayed for grant of anticipatory bail to the Petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent opposed for grant of anticipatory bail to the Petitioner stating that the Petitioner had illegally transported one unit of river sand without any valid

permit from the Government by using his two wheeler.

5. In order to curb the illegal sand mining activities and taking into consideration the voluntary submission made by the Petitioner offering to deposit a considerable amount to any Welfare Scheme run by the Government, this Court is of the opinion that the Petitioner may be directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) to the credit of the District Mineral Foundation Trust concerned, without prejudice to his rights and the contentions before the trial Court.

6. Having regard to the nature of allegations made against the Petitioner, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions.

7. Accordingly, the Petitioner shall make a non-refundable deposit of Rs.5,000/- (Rupees five thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned, without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the Petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Judicial Magistrate, Cheyyar, on condition that the Petitioner shall execute bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the respondent

police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the Petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the Petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, report before the respondent police as and when required for interrogation. [c] the Petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the Petitioner shall not abscond either during investigation or trial. [e] on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the conditions have been imposed and the Petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

10.05.2023 sai/rka

K.GOVINDARAJAN THILAKAVADI, J., sai/rka Dated: 10.05.2023